In New Jersey, the Subordination of Mortgage Lien to Easement and Right of Way refers to a legal process that allows property owners to rearrange the priority of lien positions on their property. This subordination is typically sought when there is a need to prioritize an easement or a right of way over an existing mortgage lien. An easement represents a legal right for someone other than the property owner to use a specific portion of the property for a particular purpose. Meanwhile, a right of way grants someone the legal right to pass through a specific area of the property. These easements or rights of way could be necessary for utility companies, government agencies, or private individuals to access portions of the property. By subordinating the mortgage lien to an easement or right of way, the property owner ensures that the party with the easement or right of way will have priority in utilizing their designated portion of the property, even if the property owner defaults on their mortgage. In New Jersey, there are two primary types of Subordination of Mortgage Lien to Easement and Right of Way: 1. Subordination of Mortgage Lien to Easement: This type of subordination is applied when the property owner wants to prioritize an easement over their mortgage lien. This allows the easement holder to maintain their rights in accessing and utilizing the designated portion of the property, regardless of the mortgage status. 2. Subordination of Mortgage Lien to Right of Way: When a property owner wishes to give priority to a right of way over their mortgage lien, they can opt for this type of subordination. It ensures that the party with the right of way can access and pass through the specific area of the property, even if the mortgage becomes delinquent. The Subordination of Mortgage Lien to Easement and Right of Way process typically involves drafting and recording legal documents specifying the details of the subordination, such as the parties involved, property description, lien positions, and any applicable agreements or compensations. It is crucial for property owners in New Jersey to consult with experienced real estate attorneys or title companies to ensure compliance with all legal requirements and to protect their rights during the subordination process.
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Legal Obligations: The easement owner has both the right and the obligation to maintain the easement in a safe condition to prevent injury to third parties using it. Implied Right of Entry: The easement owner has an implied right to enter the servient tenement for the purpose of performing necessary repairs.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
Easements in New Jersey can be established in various ways, often involving legal procedures. Express easements are contractual and require signatures from both dominant and servient tenements. These are usually recorded with property deeds. Dealing with easement issues is best done before purchasing property.
Land affected or "burdened" by an easement is called a "servient estate," while the land or person benefited by the easement is known as the "dominant estate." It is the responsibility of the dominate estate holder for maintenance and upkeep of the easement.
Easements in Gross In contrast, an easement in gross benefits a person or entity, rather than a parcel of land. If the property is sold to a new owner, the easement is typically transferred with the property.
An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
An easement intended to run with some benefitted land is called appurtenant to the benefitted land (also called the dominant tenement holding or dominant estate). Otherwise, the easement is personal to the grantee and is called in gross.
